Allowed

Parmeshwar Fagediya @ Pramod S/O Shri Birmaram v. State of Rajasthan

Rajasthan HC2 Feb 2024CRLAS/74/2024

Case brief

AI extract

What is this about?

The Court allowed criminal appeals under Section 14(A) of the SC/ST Act, granting bail to appellants not named in the FIR, noting non-vital injuries, no criminal antecedents, and similar release of co-accused. Impugned bail-rejecting orders were set aside.

What did the court decide?

Appellants released on personal bond of Rs. 50,000/- upon fulfillment of conditions.

Parmeshwar Fagediya @ Pramod S/O Shri Birmaram Vs State… — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:5549]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 145/2024

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Ankit Kumar S/o Shri Rajuram, R/o Mataji Ki Dhani Tan Basa, Police Station Molasar, District Deedwana Kuchaman (Raj) (At Present Confine Din District Jail Sikar)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Rajendra Kumar S/o Shri Sharvan Kumar Meghwal, Aged About 40 Years, R/o Netadwas, Police Station Dhod, District Sikar (Raj)

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----Respondents

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Connected With

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S.B. Criminal Appeal (Sb) No. 74/2024

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Parmeshwar Fagediya @ Pramod S/o Shri Birmaram, R/o Chhoti Losal Police Station Dhood, District Sikar (Raj) (At Present Confined In District Jail Sikar)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Rajendra Kumar S/o Shri Sharvan Kumar Meghwal, Aged About 40 Years, R/o Natadwas, Police Station Dhod, Dsitrict Sikar (Raj)

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----Respondents

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For Appellant(s) : Mr. Anil Kumar For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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02/02/2024

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The instant appeals have been filed under Section 14(A) of SC/ST (Prevention of Atrocities) Act 1989 on behalf of appellants, who are in custody in connection with FIR No.587/2023 at Police Station Kotwali Sikar, District Sikar for the offences under Sections 147, 148, 341, 323, 325, 109, 307, 149 of the IPC and Section 3(1)(r)(s), 3(2)(va), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

(2 of 2)

[2024:RJ-JP:5549]

[CRLAS-145/2024]

Learned Public Prosecutor submits that information to the complainant has already been given. However, no one has put in appearance on behalf of the complainant.

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Learned Public Prosecutor has opposed the criminal appeals.

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Heard learned counsel for appellants and learned Public Prosecutor as also perused the material available on record.

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Having considered the facts that the appellants are not named in the FIR and have been implicated on the subsequent statements of the complainant; investigation has completed and charge-sheet has been filed; the injuries are not on the vital part of the body and there are no criminal antecedents of the appellants, other co-accused Narendra Singh @ Narji and Ashok Rewad have been released on bail after arrest, but without commenting on merits of the case, this Court is of the opinion that appellants deserves to be released on bail.

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Consequently, the instant appeals are allowed. The impugned orders dated 11.01.2024 and 03.01.2024 passed by the Court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar are set aside. It is ordered that accused-appellants 1. Ankit Kumar

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S/o Shri Rajuram and 2. Parmeshwar Fagediya @ Pramod S/o Shri Birmaram arrested in aforesaid FIR, shall be released on bail, if not required in any other case, provided each of them furnishes a personal bond of Rs. 50,000/- to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(SUDESH BANSAL),J

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SOURAV /371-372

Parmeshwar Fagediya @ Pramod S/O Shri Birmaram v. State of Rajasthan

Case brief

What is this about?

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Parmeshwar Fagediya @ Pramod S/O Shri Birmaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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